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12-12-1720. Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1720. Penalties.
(a)(1) A person commits the offense of failure to report under this subchapter in the first degree if he or she:
(A) Is a mandated reporter under § 12-12-1708;
(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and
(C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline.
(2) Failure to report under this subchapter in the first degree is a Class B misdemeanor.
(b)(1) A person commits the offense of failure to report in the second degree if he or she:
(A) Is a mandated reporter under § 12-12-1708;
(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and
(C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline.
(2) Failure to report in the second degree is a Class C misdemeanor.
(c) A person or caregiver required by this subchapter to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is civilly liable for damages proximately caused by the failure.
(d)(1) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false.
(2) For a firs
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1720
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-12-1720
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c705e81f26be98c3f1ea22bbba510c62936b6870d1fc1da81d0fa1fd064c2f34
Source location: content.xml paragraph 7800
Stored source content
12-12-1720. Penalties.
(a)(1) A person commits the offense of failure to report under this subchapter in the first degree if he or she:
(A) Is a mandated reporter under § 12-12-1708;
(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and
(C) Knowingly fails to report or cause a report to be made to the adult and long-term care facility resident maltreatment hotline.
(2) Failure to report under this subchapter in the first degree is a Class B misdemeanor.
(b)(1) A person commits the offense of failure to report in the second degree if he or she:
(A) Is a mandated reporter under § 12-12-1708;
(B) Has observed or has reasonable cause to suspect that an endangered person or impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment; and
(C) Knowingly fails to make a report or cause a report to be made in the manner and time provided in this subchapter to the adult and long-term care facility resident maltreatment hotline.
(2) Failure to report in the second degree is a Class C misdemeanor.
(c) A person or caregiver required by this subchapter to report a case of suspected adult maltreatment or long-term care facility resident maltreatment who purposely fails to do so is civilly liable for damages proximately caused by the failure.
(d)(1) A person commits the offense of false reporting of adult abuse if he or she purposely makes a false report to the adult and long-term care facility resident maltreatment hotline knowing the allegation in the false report to be false.
(2) For a first offense, false reporting of adult abuse is a Class A misdemeanor.
(3) For a subsequent offense, false reporting of adult abuse is a Class D felony.
(e)(1) A person commits the offense of unlawful disclosure of data or information under this subchapter if:
(A) He or she purposely discloses data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718; or
(B) He or she purposely encourages or permits the release of data or information to a person to whom disclosure is not permitted under § 12-12-1717 or § 12-12-1718.
(2) Unlawful disclosure of data or information under this subchapter is a Class A misdemeanor.
(f)(1) A person commits the offense of failure to report a death under this subchapter if he or she:
(A) Is required to report a death under § 12-12-1709;
(B) Has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment; and
(C) Knowingly fails to make the report in the time and manner required under this subchapter.
(2) Failure to report a death under this subchapter is a Class C misdemeanor.
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1708. Persons required to report adult or long-term care facility resident maltreatment.
(a)(1) Whenever any of the following persons has observed or has reasonable cause to suspect that an endangered person or an impaired person has been subjected to conditions or circumstances that constitute adult maltreatment or long-term care facility resident maltreatment, the person shall immediately report or cause a report to be made in accordance with the provisions of this section:
(A) A physician;
(B) A surgeon;
(C) A coroner;
(D) A dentist;
(E) A dental hygienist;
(F) An osteopath;
(G) A resident intern;
(H) A nurse;
(I) A member of a hospital's personnel who is engaged in the administration, examination, care, or treatment of persons;
(J) A social worker;
(K) A case manager;
(L) A home health worker;
(M) A mental health professional;
(N) A peace officer;
(O) A law enforcement officer;
(P) A facility administrator or owner;
(Q) An employee in a facility;
(R) An employee of the Department of Human Services, with the exception of an employee working with an ombudsman program established by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, in accordance with 42 U.S.C. § 3001 et seq., as it existed on January 1, 2017;
(S) A firefighter;
(T) An emergency medical technician;
(U) An employee of a bank or other financial institution;
(V) An employee of the United States Postal Service;
(W) An employee or a volunteer of a program or an organization funded partially or wholly by the department who enters the home of or has contact with an elderly person;
(X) A person associated with the care and treatment of animals, such as animal control officers and humane society officials;
(Y
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1708
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1708. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1709. Report of death caused by maltreatment.
(a)(1) Any person or official who is required to report a case of suspected adult maltreatment or long-term care facility resident maltreatment under this subchapter and who has reasonable cause to suspect that an adult or long-term care facility resident has died as a result of maltreatment shall report the suspected death from maltreatment to the appropriate medical examiner or coroner.
(2)(A) In all cases of the death of a long-term care facility resident or a hospice facility resident, the long-term care facility or the hospice facility shall immediately report the death to the appropriate coroner.
(B) The report is required regardless of whether the long-term care facility or the hospice facility believes the death to be from natural causes or the result of maltreatment or any other cause.
(3)(A) In all cases of the death in a hospital of a person who was a long-term care facility resident within five (5) days before entering the hospital, the hospital shall immediately report the death to the appropriate coroner.
(B) The report is required regardless of whether the hospital believes the death to be from natural causes, the result of maltreatment, or any other cause.
(b)(1) The medical examiner or coroner shall accept the report for investigation and upon finding reasonable cause to suspect that a person has died as a result of maltreatment shall report the findings to a law enforcement agency and the appropriate prosecuting attorney.
(2) If the institution making the report is a hospital or long-term care facility, the medical examiner or coroner shall report the findings to the hospital or long-term care facility unless the findings are part of a pending or ongoing law enforcement investigation.
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1709
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1709. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1717. Availability of founded reports of adult or long-term care facility resident maltreatment.
(a) A report made under this subchapter that is determined to be founded, as well as any other information obtained, including protected health information, and a report written or photograph taken concerning a founded report in the possession of the Department of Human Services shall be confidential and shall be made available only to:
(1) A physician who has before him or her an endangered person or an impaired person the physician reasonably believes may have been maltreated;
(2) A person authorized to place the adult in protective custody if the person:
(A) Has before him or her an adult the person reasonably believes may have been maltreated; and
(B) Requires the information to determine whether to place the adult in protective custody;
(3) An authorized agency having responsibility for the care or supervision of an endangered person or an impaired person;
(4) Any person who is the subject of a report or that person's legal guardian;
(5) A grand jury or court, if the grand jury or court determines that the information is necessary for the determination of an issue before the grand jury or court;
(6) A prosecuting attorney, law enforcement official, coroner, or the Attorney General or his or her designated investigator;
(7)(A) An employer or volunteer agency for the purpose of screening an employee, applicant, or volunteer upon submission of a signed, notarized release from the employee, applicant, or volunteer.
(B) The only information released to the employer or volunteer agency shall be whether or not the Adult and Long-term Care Facility Resident Maltreatment Central Registry contains any founded reports naming the employee, applicant, or
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1717
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1717. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1718. Availability of screened-out, pending, and unfounded reports.
(a) A record of a screened-out report of adult maltreatment or long-term care facility resident maltreatment shall not be disclosed except to the office of the Attorney General, the prosecuting attorney, and an appropriate law enforcement agency and may be used only within the Department of Human Services for purposes of administration of the program.
(b)(1) A pending report, including protected health information, is confidential and shall be made available only to:
(A) The department, including the Death Review Committee of the Department of Human Services;
(B) A law enforcement agency;
(C) A prosecuting attorney;
(D) The office of the Attorney General;
(E) A circuit court having jurisdiction pursuant to a petition for emergency, temporary, long-term protective custody, or protective services;
(F) A grand jury or court, upon a finding that the information in the report is necessary for the determination of an issue before the grand jury or court;
(G) A person or provider identified by the department as having services needed by the maltreated person;
(H) Any applicable licensing or registering authority;
(I) Any employer, legal entity, or board responsible for the person named as the offender;
(J) Any legal entity or board responsible for the maltreated person; and
(K) The Office of Medicaid Inspector General.
(2) The subject of the report may only be advised that a report is pending.
(c) Upon satisfaction of due process and if an allegation was determined to be unfounded, the investigative report, including protected health information, is confidential and shall be made available only to:
(1) The department, including the committee;
(2) A law enforcement agency
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1718
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1718. This identifies an authority to review, not proof of applicability.